DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Border Express Pty Ltd T/A Border Express
(AG2017/6790)

BORDER EXPRESS PTY LTD TRANSPORT EMPLOYEES ALBURY ENTERPRISE AGREEMENT 2017-2020

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 MARCH 2018

Application for approval of the Border Express Pty Ltd Transport Employees Albury Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Border Express Pty Ltd Transport Employees Albury Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Border Express Pty Ltd T/A Border Express. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2018. The nominal expiry date of the Agreement is 22 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by Border Express Pty Ltd T/A Border Express for the approval of the Transport Employees Albury Enterprise Agreement 2017 - 2020. The application was heard by the Fair Work Commission, which is responsible for determining and approving enterprise agreements in Australia. The primary dispute revolves around the provisions of the proposed agreement, specifically whether they comply with the requirements set out in the Fair Work Act 2009. The applicant, Border Express, sought approval for the agreement as a registered agreement to govern the terms and conditions of employment for its transport employees in Albury.

The key legal issues before the Commission were whether the proposed enterprise agreement was sufficiently certified, whether it met the "better off overall test" and contained the mandatory minimum terms and conditions stipulated by the Fair Work Act 2009. In addition, the Commission also considered whether the agreement included provisions that were consistent with the objectives of the Act, including fairness and flexibility in the workplace. The Commission had to ensure that the agreement did not undermine the safety and health of employees, and that it provided a fair and reasonable process for the resolution of disputes.

In its decision, the Commission found that the application was made in accordance with the requirements of the Fair Work Act 2009, and that the proposed agreement was sufficiently certified. The Commission also determined that the agreement satisfied the "better off overall test" and contained the mandatory minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement was consistent with the objectives of the Act, including fairness and flexibility in the workplace. The Commission found that the agreement provided a fair and reasonable process for the resolution of disputes, and that it did not undermine the safety and health of employees. Accordingly, the Commission approved the Transport Employees Albury Enterprise Agreement 2017 - 2020, subject to the terms and conditions outlined in the decision.

The Commission approved the Transport Employees Albury Enterprise Agreement 2017 - 2020, subject to certain conditions and modifications. The approved agreement will now serve as a registered agreement governing the terms and conditions of employment for Border Express' transport employees in Albury for the period of 2017 to 2020. The applicant and the employees covered by the agreement must comply with the terms and conditions set out in the approved agreement, and any disputes arising from the agreement must be resolved in accordance with the Fair Work Act 2009.

Border Express Pty Ltd T/A Border Express

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established